As a landlord in Colorado, it is essential to be cognizant of your responsibilities toward the property and your tenants. State laws spell out several requirements aimed at maintaining habitable living conditions, respecting tenant rights and privacy, and maintaining fairness in all your transactions. To help you navigate your responsibilities as a landlord in Colorado, we’ve put together an overview of your legal obligations.
At Black Bear Real Estate and Property Management we’ve helped dozens of people realize their dream of becoming a property owner in and around the Fort Collins area and we know that there’s a lot more to it than just collecting a check. If you already own property or would like to get started but aren’t sure where to begin, give us a call. We offer personalized real estate and property management services in Northern Colorado.
The Law Behind the Rights and Responsibilities
Before we start to dig into our overview of landlord responsibilities, it is important to know where this information comes from. If you want to read the laws for yourself, you can find them through the Library of Congress’s legal research site. Colorado’s statutes are:
Colo. Rev. Stat. §§ 13-40-101 to 13-40-127; 13-40.1-101 to 13-40.1-102; 38-12-101 to 38-12-105; 38-12-301 to 38-12-1007; and 38-12-1201 to 38-12-1205.
You can also search these statutes through Cornell Law School for more information.
Furthermore, city and county governments can pass local ordinances that can also affect landlord responsibilities. Check the local governments on the Colorado government website.
Provision of Habitable Premises
Colorado law requires landlords to provide and maintain rental properties that are fit for habitation. This means that the property must be safe and healthy to live in, providing the basic amenities such as hot and cold running water, heating equipment, plumbing, and electricity. The property should also be compliant with building codes related to health and safety. Failure to ensure these standards can lead to legal issues and may allow tenants to withhold rent, repair the issue and deduct the cost from the rent, or break the lease without any repercussions.
Respect for Privacy
While landlords in Colorado do have a legal right to enter the rental property at reasonable times for necessary repairs, maintenance, or inspections, they are required to provide adequate notice to tenants before doing so. Generally, Colorado law doesn't specify exactly how much notice is reasonable, but most acknowledge 24 hours as a sufficient standard. Intruding without rightful cause or adequate notification might constitute a violation of privacy rights.
Repairs and Maintenance
A primary responsibility for landlords is maintenance. This means if a tenant requests a repair, a landlord is responsible for ensuring this happens in 24 to 96 hours. You are also responsible for maintaining common areas and ensuring safety features like handrails and smoke detectors are installed and functional.
Security Deposit Return
Landlords often require a security deposit from their tenants in case of damage or any other unforeseeable problems. As stipulated in the lease agreement, it is the landlord’s responsibility to return the tenant’s security deposit (or whatever remains of it) to the tenant within a month of them moving out of your property.
Required Disclosures
Colorado landlords must disclose certain information to their tenants as required by law.
- Contact information – Rental agreements and leases are required to include the name, address, and contact information of the landlord or the landlord’s authorized agent. (Colo. Rev. Stat. Ann. § 38-12-801(2) (2022))
- Rental application fees and expenses – If you decide to charge any fees related to the rental application itself, it is required that you share an estimate for expenses with the tenant including itemized expenses for which the fee will be used to cover. Landlords also need to explain how they determined the cost of the rental application fees. (Colo. Rev. Stat. Ann. § 38-12-903 (2022))
- Reason for denial of rental application – If you deny the application of a prospective tenant, it is required to give the applicant a written notice of the denial with the reasoning behind the decision. (Colo. Rev. Stat. Ann. § 38-12-904 (2022))
- Bed bug history – This isn’t a pleasant one to discuss with any tenants but if any prospective tenants request it, landlords are required to share information on whether the rental unit has been treated for bed bugs in the previous 8 months. Landlords may also be required to disclose the last date a unit was inspected for, and found to be free of, bed bugs. (Colo. Rev. Stat. Ann. § 38-12-1005 (2022))
Let Black Bear Help Take the Complexity Out of Ownership
Being a landlord in Colorado involves significant responsibilities. Proper understanding and adherence to these responsibilities can prevent legal trouble and help foster a productive landlord-tenant relationship. Always remember that these state laws work in tandem with federal housing laws, and landlords must adhere to both. Consulting with a property management company can provide valuable assistance and ensure you are fulfilling your obligations as a landlord under Colorado law.
Contact the experts at Black Bear Real Estate and Property Management today for all your real estate and property management needs!